Citation : 2026 Latest Caselaw 241 Gua
Judgement Date : 20 January, 2026
Page No.# 1/3
GAHC010007362026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/105/2026
SRI RUHUL AMIN AND ANR
S/O. ABDUS SATTAR R/O. PANIGHAT (BLK-1) SUB- DIVISION KARIMGANJ,
PO AND PS KARIMGANJ DIST- KARIMGANJ, ASSAM-78871
2: ABDUL HAMID
S/O. SURPIZ HAMID ALI R/O. PANIGHAT (BLK 1) SUB- KARIMGANJ
PO AND PS KARIMGANJ DIST- KARIMGANJ
ASSAM-7887
VERSUS
NARCOTICS CONTROL BUREAU
GUWAHATI, ASSAM
Advocate for the Petitioner : MR. P K ROYCHOUDHURY, M N RONGMEI,D GONMEI,MRS. R
RONGMEI
Advocate for the Respondent : SC, NCB,
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BEFORE
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 20.01.2026
Heard Mr. P. K. Roychoudhury, learned counsel for the petitioners. Also heard Ms. M. Deka, learned Standing Counsel, NCB.
Call for the Case Diary.
Heard the learned counsel for both the sides in the matter of prayer for an interim protection.
Both the petitioners have received notice under Section 67 of the NDPS Act, 1985.
On the basis of the Judgment of the Hon'ble Supreme Court that was delivered in "Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1".
Learned counsel for the petitioners has submitted that there is a probability of arrest of the petitioners.
Learned counsel appearing on behalf of NCB has objected to this prayer for interim protection on the ground that these people are involved in trafficking of Narcotic Drugs.
I have considered the submissions made by learned counsel for both the sides.
This Court is of the opinion that at this stage both the petitioners deserve to be given interim protection.
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Accordingly, as an interim measure it is hereby directed that in the event of arrest in connection with NCB Case No.11/2025, the petitioners, Ruhul Amin and Abdul Hamid shall be released on bail of Rs.50,000/- each with a surety of like amount to the satisfaction of the arresting authority.
List this matter again on 02.02.2026.
JUDGE
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